Even thinking about the concept of divorce can bring heartache to many hurting couples. Divorce is not an easy legal matter to handle, especially when matters of child support and child custody have to be determined. There are different types of divorces, contested and uncontested. Even in uncontested divorces, which are those involving amicable relationships, emotions are typically very sensitive. Feelings of anger, loss, pain, and frustration are typically found and one of our Texas Divorce Attorney from The Carlson Law Firm can help ease some of the burdens from your situation.
Divorce is never an easy thing. Yet, once the process starts, it’s crucial to have legal representation every step of the way to ensure that your rights are always protected. We will do everything we can get reach an amicable solution without going to court, but in the event that trial becomes necessary, we will fight diligently to get you the results you want.
Grounds For Divorce
When it comes to establishing the grounds for divorce, the state of Texas has seven that can be considered. Grounds for divorce are reasons that a married couple will be able to legally get divorced. A Texas Divorce Attorney can help you determine which of these seven reasons to get divorced may apply to your situation:
No Fault Vs. Fault-Based Divorce
Most divorces in Texas are considered no-fault divorces, where both parties agree to divorce on grounds of being unable to sustain the marriage. There are certainly times when a divorce attorney may advise a client that there are grounds for an at-fault divorce and suggest that this type of divorce be filed. Knowing the difference between these two types of divorces before filing either a no-fault or fault-based divorce is important in Texas. When grounds for an “at-fault” divorce are applicable, a person considering such action should seek the advice of a divorce lawyer to help decide if this type of divorce action should be considered.
What Is No-Fault Divorce?
In Texas, a no-fault divorce applies when one or both spouses can no longer support or agree to the marriage. In this type of divorce, both spouses agree that they cannot stay married and have agreed to file for a no-fault divorce, which is an easier type of divorce to handle than a fault-based divorce.
What is Fault-Based Divorce?
Unfortunately, not every divorce is a simple no-fault one, particularly when spouses do not agree on a divorce. In this situation, the party seeking a divorce can have their divorce attorney file based on fault, naming the reasons why the marriage is not sustainable. These reasons may include adultery, abuse, cruelty, mental incapacity, felony conviction, three years or more of living apart, and abandonment. These are called Grounds for Divorce.
When it comes to divorce situations involving members of the military, there are specific laws that make the divorce more complex than typical. Special and unique issues take place when compared to everyday civilian divorces. There are laws that are set in place to protect active military members from being placed in default because of a failure to respond to divorce actions. Everyone has the right to know that they are being divorced, and active military men and women are often unable to respond at an appropriate time.
This protection was established under the Soldiers and Sailors Civil Relief Act, 50 UCS §521.
Military Divorce Requirements
The active military spouse will have to be personally served with a divorce summons or else the court will not have jurisdiction over the active military member. An exception can sometimes occur in uncontested cases where the active duty spouse does not have to be served if the member signs a waiver that acknowledges the divorce. The residency requirements include that either spouse lives in Texas and that the active service member is stationed in Texas.
Other factors are specific as well when it involves a military divorce, such as child support and spousal support. The awards are not allowed to exceed 60% of the military member’s pay.
For those on either side of a military divorce, our firm can make the situations clear and understandable.
How The Carlson Law Firm Can Help You
This is a situation you will not want to experience on your own as there are many specifications involved. We can help you reach an agreeable settlement, and if this is not possible, our firm can aggressively fight for you and your rights. Make sure to get the protection you need as you experience this difficult point of your life. Call The Carlson Law Firm today to schedule a free consultation with a Texas military divorce attorney.
There's a Carlson Law Firm Near You
With 12 locations throughout Texas, there’s a Carlson Law Firm near you. We have law offices located in Killeen, Temple, Waco, Round Rock, Austin, San Antonio, Laredo, Bryan, Lubbock, and Corpus Christi.